The Supreme Court’s verdict declaring NewsClick founder Prabir Purkayastha’s arrest, as well as remand, invalid is set to bring a sea change in the criminal procedures adopted by the police across the country. In the landmark judgement, the top court has made it clear that every person arrested, in connection with any offence, must be furnished with the grounds of arrest in writing and it will not be suffice to convey them orally.
A Bench of Justices B.R. Gavai and Sandeep Mehta also differentiated between the meaning of the terms ‘reasons of arrest’ and ‘grounds of arrest.’ While the former relates to general parameters on which a person had to be arrested, the latter requires the police to list out specific facts necessitating the arrest of the individual concerned so that he/she could effectively oppose the plea for remand or seek bail, they said.
Also read: Why was NewsClick founder Prabir Purkayastha’s arrest invalidated by the top Court? | Explained